All posts tagged ohio employee benefits

The change in the regulations that would increase the salary threshold for overtime exemption that was all over the news for the last several months may now be decided by the end of June.

The Fifth Circuit Court of Appeals has granted the U.S. Department of Labor (DOL) another 60-day extension of time to file its final reply brief in the in the pending appeal of a nationwide injunction issued by a federal district court in Texas blocking implementation of the DOL’s final overtime rule. As we reported at the time, the final rule, which raised the salary threshold for the white collar overtime exemptions, was scheduled to go into effect on December 1, 2016. The final brief is now required to be filed by June 30, 2017. In its unopposed motion, the DOL stated that the extension was necessary “to allow incoming leadership personnel adequate time to consider the issues” and noted that the nominee for Secretary of Labor has not been confirmed.

As a result of the extension, it is not likely that employers will see any resolution of this issue until midsummer at the earliest. This also assumes that President Trump’s nominee for Secretary of Labor, Alexander Acosta, is confirmed within the next few weeks.

By Rick Montgomery, JD
Originally published by www.thinkhr.com

One might describe the series of events leading to the death of the American Health Care Act (Congress’s bill to repeal and replace the Affordable Care Act) as something like a ballistic missile exploding at launch. The Patient Protection and Affordable Care Act (ACA) repeal debate began nearly a decade ago with former President Barack Obama’s first day in office and reemerged as a serious topic during the 2016 presidential election. Even following the retraction of the House bill, repeal of the ACA remains a possibility as the politicians consider alternatives to the recent bill. The possibility of pending legislation has caused some clients to question the need to complete their obligation for ACA reporting on a timely basis this year. The legislative process has produced a great deal of uncertainty which is one thing employers do not like, especially during the busy year end.

While the “repeal and replace” activity is continuing, it is imperative that employers and their brokers put their noses to the grindstone to fulfill all required reporting requirements. To accomplish this, employers will need brokers that can effectively guide them through this tumultuous season. We recommend that employers ask their brokers about their strategies for

  • Implementing the employer shared responsibility reporting
  • Sending all necessary forms to the employer’s employees
  • Submitting the employer’s reporting to the IRS
  • Closing out the employer’s 2016 filing season

Employers should also inquire about any additional support that the broker provides. They should provide many of the services that we at Health Cost Manager provide to our clients: They should apprise their clients of the latest legislative updates through regular email communication and informational webinars. Brokers should also bring in experts in the field that have interacted with key stakeholders in Washington. And most important, they should remain available during this uncertain period to answer any questions or concerns from clients.

We know employers would prefer not to have to comply with these reporting obligations – many have directly told us so. We understand this requires additional work on their part to gather information for the reporting and increased compliance responsibility. Knowing how stressful the reporting season can be for employers, brokers should go out of their way to help their clients feel confident that they can steer through the reporting process smoothly. The broker’s role should be to take as much of the burden off the employer’s shoulders as possible to enable them to reach compliance in the most expedient manner possible. Sometimes this involves stepping in to solve data or other technical issues, or answering a compliance-related question that helps the client make important decisions. It’s all part of helping employers navigate through the ACA’s strong headwinds during these uncertain times.

Audit-proof your company with UBA’s latest white paper: Don’t Roll the Dice on Department of Labor Audits. This free resource offers valuable information about how to prepare for an audit, the best way to acclimate staff to the audit process, and the most important elements of complying with requests.

The IRS updated its longstanding Q&A guidance on codes that employers should use when completing Forms 1094-C and 1095-C. For information on the IRS’ updated guidance, including COBRA reporting information that had been left pending in earlier versions of the IRS guidance for the past year, view UBA’s ACA Advisor, “IRS Q&A About Employer Information Reporting on Form 1094-C and Form 1095-C”.

By Michael Weiskirch
www.ubabenefits.com

Flex Work.  No doubt you’ve heard this term (or some variation) floating around the last decade or so, but what exactly does it mean? Flexible work can vary by definition depending on who you ask, but one thing is for sure, it’s here to stay and changing the way we view the workforce. According to a recent study by Randstad, employer commitment to increase the amount of flex workers in their companies has increased 155% over the last four years. If fact, 68% of employers agree that the majority of the workforce will be working some sort of flexible arrangement by 2025.

So then, since the landscape of a traditional office setting is changing, what exactly is Flex Work? Simply stated, it’s a practice employers use to allow their staff some discretion and freedom in how to handle their work, while making sure their schedules coordinate with colleagues. Parameters are set by the employer on how to get the work accomplished.  These guidelines may include employees working a set number of hours per day/week, and specifying core times when they need to be onsite. No matter how it’s defined, with a new generation entering the workforce and technology continuing to advance, employers will need to explore this trend to stay competitive.

Let’s take a look at how this two-fold benefit has several advantages for employers and employees alike.

Increases Productivity

When employees work a more flexible schedule, they are more productive. Many will get more done in less time, have less distractions, take less breaks, and use less sick time/PTO than office counterparts. In several recent studies, employees have stated they’re more productive when not in a traditional office setting. In a recent article published by Entrepreneur.com, Sara Sutton, CEO and Founder of FlexJobs wrote that 54% of 1500 employees polled in one of their surveys would choose to undertake important job-related assignments from home rather than the office. And 18% said that while they would prefer to complete assignments at the office, they would only do so before or after regular hours. A mere 19% said they’d go to the office during regular hours to get important assignments done.

Flexible workplaces allow employees to have less interruptions from impromptu meetings and colleagues, while minimizing the stress of office chatter and politics—all of which can drain productivity both at work and at home. What’s more, an agile setting allows your employees to work when their energy level is at peak and their focus is best. So, an early-riser might benefit from working between the hours of 4:30 and 10 a.m., while other staff members excel in the evening; once children are in bed.

Reduces Cost Across the Board

Think about it, everything we do costs us something. Whether we’re sacrificing time, money, or health due to stress, cost matters. With a flexible work environment, employees can tailor their hours around family needs, personal obligations and life responsibilities without taking valuable time away from their work. They’re able to tap into work remotely while at the doctor, caring for a sick child, waiting on the repairman, or any other number of issues.

What about the cost associated with commuting? Besides the obvious of fuel and wear and tear on a vehicle, an average worker commutes between 1-2 hours a day to the office. Tack on the stress involved in that commute and an 8 hour workday, and you’ve got one tired, stressed out employee with no balance. Telecommuting reduces these stressors, while adding value to the company by eliminating wasted time in traffic. And, less stress has a direct effect – healthier and happier employees.

Providing a flexible practice in a traditional office environment can reduce overhead costs as well. When employees are working remotely, business owners can save by allowing employees to desk or space share. Too, an agile environment makes it easier for businesses to move away from traditional brick and mortar if they deem necessary.

Boosts Loyalty, Talent and the Bottom Line

We all know employees are the number one asset in any company. When employees have more control over their schedule during the business day, it breeds trust and reduces stress. In fact, in a recent survey of 1300 employees polled by FlexJobs, 83% responded they would be more loyal to their company if they offered this benefit. Having a more agile work schedule not only reduces stress, but helps your employees maintain a good work/life balance.

Offering this incentive to prospective and existing employees also allows you to acquire top talent because you aren’t limited by geography. Your talent can work from anywhere, at any time of the day, reducing operational costs and boosting that bottom line—a very valuable asset to any small business owner or new start-up.

So, what can employers do?  While there are still companies who view flexible work as a perk rather than the norm, forward-thinking business owners know how this will affect them in the next few years as they recruit and retain new talent. With 39% of permanent employees thinking to make the move to an agile environment over the next three years, it’s important to consider what a flexible environment could mean for your company.  Keep in mind there are many types that can be molded to fit your company’s and employees’ needs. Flexible work practices don’t have to be a one-size-fits-all approach. As the oldest of Generation Z is entering the workforce, and millennials are settling into their careers, companies are wise to figure out their own customized policies. The desire for a more flexible schedule is key for the changing workforce—often times over healthcare, pay and other benefits. Providing a flexible arrangement will keep your company competitive.

Many employers understand the value of having an Employee Assistance Program (EAP) since the heart and soul of organizations are employees. Employees who are physically and mentally healthy, highly productive, engaged in their work, and loyal to their employer contribute positively to their employer’s bottom line. Fortunately, most employees are positive contributors, yet even the best of employees can occasionally have issues or circumstances arise that may inadvertently impact their jobs in a negative way. Having an EAP in place that can address these issues early may mitigate any negative impact to the workplace. This is a win-win for both employees and employers.

A key component of EAP services lies in “catching things early” by assisting employees and helping them address and resolve issues before they impact the workplace. Most employees will use EAP services on a voluntary, self-referred basis that is completely confidential. Some employers may wonder if services are even being used by employees because it won’t be all that apparent, but most EAPs provide a utilization or usage report that will show the number of people served, and possibly the types of reasons services were requested.

If employee issues do begin to appear in the workplace—related to performance, attendance, behavior, or safety—it is important for managers, supervisors, and human resources to also have access to EAP services. They may wish to consult with an employee assistance professional that can provide guidance and direction leading to problem identification and resolution. These issues have the potential to become very costly for the organization—and again, the earlier they can be addressed, the greater chance of success for both employee and employer, with minimal negative impact to the company’s bottom line.

The key to getting the most out of an EAP is to make it easily accessible to employees, safe to use, and visible enough they remember to use it. It is important that employees understand using the EAP is confidential and their identity will not be disclosed to anyone in their organization. Promoting the EAP services with materials such as flyers, posters, or website information with EAP contact information will also increase the likelihood of employees accessing services.

By Nancy Cannon
Originally published by www.ubabenefits.com

On April 4, 2017, the Department of Labor (DOL) announced that the applicability date for the final fiduciary rule will be extended, and published its final rule extending the applicability date in the Federal Register on April 7. This extension is pursuant to President Trump’s February 3, 2017 presidential memorandum directing the DOL to further examine the rule and the DOL’s proposed rule to extend the deadline released on March 2, 2017.

The length of the extension differs between certain requirements and/or components of the rule.  Below are the components and when and how applicability applies:

  • Final rule defining who is a “fiduciary”: Under the final rule, advisors who are compensated for providing investment advice to retirement plan participants and individual account owners, including plan sponsors, are fiduciaries. The applicability date for the final rule is extended 60 days, from April 10 until June 9, 2017. Fiduciaries will be required to comply with the impartial conduct or “best interest” standards on the June 9 applicability date.
  • Best Interest Contract Exemption: Except for the impartial conduct standards (applicable June 9 per above), all other conditions of this exemption for covered transactions are applicable January 1, 2018. Therefore, fiduciaries intending to use this exemption must comply with the impartial conduct standard between June 9, 2017 and January 1, 2018.
  • Class Exemption for Principal Transactions: Except for the impartial conduct standards (applicable June 9 per above), all other conditions of this exemption for covered transactions are applicable January 1, 2018. Therefore, fiduciaries intending to use this exemption must comply with the impartial conduct standard between June 9, 2017 and January 1, 2018 and thereafter.
  • Prohibited Transaction Exemption 84-24 (relating to annuities): Except for the impartial conduct standard (applicable June 9 per above), the amendments to this exemption are applicable January 1, 2018.
  • Other previously granted exemptions: All amendments to other previously granted exemptions are applicable on June 9, 2017.

By Nicole Quinn-Gato, JD
Originally published by www.thinkhr.com

Customization of benefits is becoming more popular.  The process of personalizing employee benefits allows for individuals to choose from an array of options, and increases employee satisfaction.

 

 

 

On Friday, Republicans in the U.S. House of Representatives pulled pending legislation, known as the American Health Care Act, from further consideration. The bill had been scheduled for a vote on the House floor Friday afternoon but, recognizing that it was headed for defeat, the House leadership cancelled the vote.

It is now unlikely that Congress will pursue any legislation to repeal or replace the Affordable Care Act (ACA) this year. That does not mean, however, that we will not see changes in how the ACA is enforced. President Trump has directed the Departments of Labor (DOL), Treasury (including the IRS), and Health and Human Services (HHS) to review all existing regulations and to initiate steps to revise or eliminate burdensome rules. Congress also may use authority under the Congressional Review Act (CRA) to overturn, with a simple majority, certain regulations if they had been finalized only recently.

As the focus moves from the legislative to the regulatory arena, ThinkHR will continue to monitor and report on ACA developments that impact employers and their group health plans.

By Laura Kerekes
Originally published by www.thinkhr.com

It’s not surprising that 2017 stands to be the year many will have an experience to share using a Telemedicine or a Virtual Doctor service. With current market trends, government regulations, and changing economic demands, it’s fast becoming a more popular alternative to traditional healthcare visits.  And, as healthcare costs continue to rise and there are more strategic pricing options and digital models available to users, the appeal for consumers, self-insured employers, health systems and health plans to jump on board is significant.

In a recent study conducted by the Aloft Group on the state of Telemedicine, 47.7% of respondents weren’t sure about what Telemedicine meant, but it’s possible they may have experienced it, as 52.4% have had interaction with a physician or clinician via email or text. Further, 78.5% of respondents indicated they would be comfortable talking with a physician using an online method.

Dr. Tony Yuan, an experienced ER doctor in San Diego, who also consults for Doctor on Demand, provides insight into this increasing trend during a recent Q and A session. Currently, over half of the patients he sees in his ER could utilize a digital healthcare model. In fact, 90% of patients who head to the ER for minor illnesses can be treated through this service. So, the next sinus, ear infection, or other minor health issue just may provide you and your family the chance to try what will become the new standard in minor healthcare.

Here are few benefits TeleMedicine has to offer:

It’s Fast and Simple

There’s no question apps are available for everything to make our lives easier—and TeleMed is no exception. Within minutes, standard first time users can set up an account, complete a few medical profile questions, then create and save a session. Having the ability to log on with a board-certified physician or clinician 24/7/365, using any PC, smart device, and even phone in some cases, saves time and money. Many services, like Teledoc and MDLive, will connect you with a licensed doctor or clinician online in just a few minutes – no scheduling or wait required. Once on, you can discuss your healthcare needs confidentially. After the visit, the doctor will update his/her records, notify your primary care physician of the call, and send an electronic prescription to the pharmacy of your choice, if necessary—all in the time it takes for a lunch break.

It’s Flexible

The ability to connect with a professional whether you are at home, work, or traveling makes getting the care you need invaluable. How often have you experienced the symptoms—or the full blown-effect—of getting sick while traveling? Many, no doubt, have had to adjust flight/travel plans to get the help needed from their PCP, in order to avoid getting worse.  By using an app or online service from your smart phone or laptop, you’re able to get the antibiotics you need quicker without cutting trips short or missing work to do so.

In addition, patients in smaller communities without the resources available of classically- trained, emergency-med physicians, see the benefit and flexibility of tapping into these online doctor services. Not only is it a plus for the patient to access more advanced care if needed, doctors in these rural areas value this as well. These digital healthcare models provide immediate, life-saving tools for both doctors and their patients who may not have access to higher, acute facilities.

It’s Affordable

Many TeleMedicine services now accept insurance, making a patient’s visit free, or at minimum the same as most deductible or co-insurance amounts for office visits; around $40. For those on a high-deductible plan, paying $40 for an online doctor service is a much cheaper alternative than paying $150 or more for an Urgent Care visit, or over $1200 for a trip to the ER. For employers, group options are low cost and can be a clear asset when creating solutions EEs will value.

It’s Beneficial to Employers

Today, 3 of 5 corporations, or 59% of employers provide digital healthcare benefits to their employees. As an employer, the benefits are straightforward. First, employees can participate in professional consultations for their family members or themselves without taking away from productivity. Second, when employers incorporate these services into their benefit plans, non-emergency care is redirected from expensive ER visits, ultimately saving thousands of dollars or more to the bottom line. Additionally, TeleHealth services offer frequent monitoring from clinicians for those employees who may need regular support due to more chronic issues, reducing trips to the hospital. Reducing these costs have a direct ROI for the employer and relieves the stress on the employee’s pocketbook. Third, many companies are now adding this digital benefit to their packages as a way to recruit new talent.

There’s no doubt 2017 will see a greater opportunity for all to experience the increasing trend of Telemed. Creating a clear communication strategy to make sure employees know how to find, access and utilize this service to the highest potential is key.

What played out as a soap opera of sorts involving all three branches of government has resulted in relief for employers. On March 22, 2017, the Senate narrowly adopted House Joint Resolution 83 (H.J.Res.83) under the Congressional Review Act. The joint resolution nullifies a recent Occupational Safety and Health Administration (OSHA) final rule that went into effect on January 18, 2017. The rule, Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness (Continuing Obligation Rule), created a continuing obligation for employers to make and maintain an accurate record of workplace injuries and illnesses, and opened them up to OSHA citations beyond the six-month statute of limitations established under § 658(c) of the Occupational Safety and Health Act (OSH Act).

OSHA developed the Continuing Obligation Rule due to an unfavorable 2012 federal court decision holding that OSHA’s ability to issue citations is limited to the six-month period following the occurrence of a violation as set forth in the OSH Act (AKM LLC d/b/a Volks Constructors v. Sec’y of Labor, 675 F.3d 752 (D.C. Cir. 2012)). On March 1, the U.S. House of Representatives adopted H.J.Res.83 to preclude OSHA’s ability to enforce its Continuing Obligation Rule, resolving that it should have no force or effect. The Senate’s approval on March 22 means that the resolution will now go to President Trump for signature. President Trump has indicated that he will sign the resolution.

By Nicole Quinn-Gato, JD
Originally published by www.thinkhr.com

Entities such as employers with group health plans that provide prescription drug coverage to individuals that are eligible for Medicare Part D have two major disclosure requirements that they must meet at least annually:

  • Provide annual written notice to all Medicare eligible individuals (employees, spouses, dependents, retirees, COBRA participants, etc.) who are covered under the prescription drug plan.
  • Disclose to the Centers for Medicare and Medicaid Services (CMS) whether the coverage is “creditable prescription drug coverage.”

Because there is often ambiguity regarding who in a covered population is Medicare eligible, it is best practice for employers to provide the notice to all plan participants.

CMS provides guidance for disclosure of creditable coverage for both individuals and employers.

Who Must Disclose?

These disclosure requirements apply regardless of whether the plan is large or small, is self-funded or fully insured, or whether the group health plan pays primary or secondary to Medicare. Entities that provide prescription drug coverage through a group health plan must provide the disclosures. Group health plans include:

  • Group health plans under ERISA, including health reimbursement arrangements (HRAs), dental and vision plans, certain cancer policies, and employee assistance plans (EAPs) if they provide medical care
  • Group health plans sponsored for employees or retirees by a multiple employer welfare arrangement (MEWA)
  • Qualified prescription drug plans

Health flexible spending accounts (FSAs), Archer medical savings accounts, and health savings accounts (HSAs) do not have disclosure requirements. In contrast, the high deductible health plan (HDHP) offered in conjunction with the HSA would have disclosure requirements.

There are no exceptions for church plans or government plans.

By Danielle Capilla
Originally published by www.ubabenefits.com